Legal Question in Criminal Law in Iowa

Dwi

# weeks ago I was arrested for drunk driving. I only had three beers in approx. 1.6 hrs. and had no supper. They tested me at .198. Ihad been working all week cleaning and painting a house we were trying to sell. I understand that there are variuos other chemicals, etc. than can add to the reading. If I find info on the internet that this is true, is it hearsay evidence. I intend to contest. What else can I do to get out of this mess? This is my first DWI offense ever. I am 49 yrs. old.


Asked on 12/03/98, 9:16 pm

2 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: Dwi

Remember that I'm licensed in Tennessee and not in Iowa, so you probably want to talk with an attorney in your state, and in particular one who does considerable DUI work since it is an area requiring some expertise, but with that said, let me offer the following.

I don't think there is any state where you would be allowed to go into court and testify to what you read about DUI tests on the internet.

You are right that this would generally be consideered hearsay and kept out of evidence.

Additionall, as soon as you would start testifying the prosecution could start cross-examinining you, and as soon as you admitted having three drinks in an hour and a half, most judges would convict you.

Since in most states you can go to jail for up to a year for DUI, get an attorney.

These cases are too easy to screw up, and while the contact with chemicals earlier in the day may provide a defense, and while other things also may create valid defenses, you will nedd an attornye to present them.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601


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Answered on 1/18/99, 7:24 am
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: Dwi

I'm licensed in Montana and not in your state, so I cannot give you specific advice. I agree completely with Jes Beard's assessment of your need for a lawyer. There is information out there about the effects of solvents and breath test results, but you need to explore all of your potential defenses, not just that one. Get a good DUI defense lawyer. Good Luck!

Mark Sullivan

Mark R. Sullivan - Attorney at Law

1204 1st Ave. E, Ste. A


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Answered on 1/18/99, 12:15 pm


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